BILL NUMBER: AB 2427	CHAPTERED  09/28/00

	CHAPTER   803
	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   JUNE 29, 2000
	AMENDED IN SENATE   JUNE 14, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000
	AMENDED IN ASSEMBLY   APRIL 5, 2000

INTRODUCED BY   Assembly Member Kuehl
   (Coauthors:  Assembly Members Jackson and Knox)
   (Coauthor:  Senator Perata)

                        FEBRUARY 24, 2000

   An act to amend Section 125001 of, to add Sections 124976 and
124977 to, and to repeal Section 125005 of, the Health and Safety
Code, relating to genetic testing, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2427, Kuehl.  Genetic diseases:  genetic screening.
   The Hereditary Disorders Act requires the State Department of
Health Services to establish a program to provide genetic screening
services.  The department is required to charge a fee and deposit the
fee into the Genetic Disease Testing Fund, which is continuously
appropriated for certain purposes.
   This bill would provide that fees would be established and
adjusted by the Director of Health Services.  This bill would expand
the purposes for which the moneys in the fund may be expended,
thereby making an appropriation. This bill would also state the
Legislature's findings regarding the maintenance of genetic screening
programs.
   Existing law requires the department to establish a program for
genetic disease testing and authorizes the department to provide
facilities to and contract with qualified laboratories.  Existing law
requires the department to charge a fee for additional screening and
lists the additional genetic conditions that may be tested for under
the program.
   This bill would instead require the department to establish a
program for the development and evaluation of genetic disease
testing.  It would permit the department to charge a fee for
developmental screening and would delete the list of genetic
conditions that may be tested for under the program.
   Existing law requires the department to report to the Legislature
regarding program progress by June 30, 2000.
   This bill would require the department to report to the
Legislature on or before January 1, 2002.  This bill would also
appropriate $3,900,000 to the department from the Genetic Disease
Testing Fund to fund the cost of the trial of the program and a
followup report.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 124976 is added to the Health and Safety Code,
to read:
   124976.  The Genetic Disease Testing Fund is continued in
existence as a special fund in the State Treasury.  All moneys
collected by the department for activities conducted as authorized in
this chapter shall be deposited in the Genetic Disease Testing Fund
which, notwithstanding Section 13340 of the Government Code, is
continuously appropriated to the department to carry out the purposes
of this chapter.
  SEC. 2.  Section 124977 is added to the Health and Safety Code, to
read:
   124977.  (a) It is the intent of the Legislature that, unless
otherwise specified, the program carried out pursuant to this chapter
be fully supported from fees collected for services provided by the
program.
   (b) (1) The department shall charge a fee to all payers for any
tests or activities performed pursuant to this chapter.  The amount
of the fee shall be established by regulation and periodically
adjusted by the director in order to meet the costs of this chapter.
Notwithstanding any other provision of law, any fees charged for
screening and followup services provided to Medi-Cal eligible
persons, health care service plan enrollees, or persons covered by
disability insurance policies, shall be paid in full directly to the
Genetic Disease Testing Fund, subject to all terms and conditions of
each enrollee's or insured's health care service plan or insurance
coverage, whichever is applicable, including, but not limited to,
copayments and deductibles applicable to these services, and only if
these copayments, deductions, or limitations are disclosed to the
subscriber or enrollee pursuant to the disclosure provisions of
Section 1363.
   (2) The department shall expeditiously undertake all steps
necessary to implement the fee collection process, including
personnel, contracts, and data processing, so as to initiate the fee
collection process at the earliest opportunity.  In no event shall a
hospital be charged a fee for any test performed pursuant to this
chapter on or after July 1, 2001.
   (c) (1) The Legislature finds that timely implementation of
changes in genetic screening programs and continuous maintenance of
quality statewide services requires expeditious regulatory and
administrative procedures, including policies and procedures
developed pursuant to Sections 12101 and 12102 of the Public Contract
Code or Division 25.2 (commencing with Section 38070) of the Health
and Safety Code, to obtain the most cost-effective electronic data
processing, hardware, software services, testing equipment, testing
services, and followup contracts.
   (2) The expenditure of funds from the Genetic Disease Testing Fund
for these purposes shall not be subject to Section 12113.5 of, and
Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of,
the Public Contract Code.  The department shall provide the
Department of Finance with documentation that equipment and services
have been obtained at the lowest cost consistent with technical
requirements for a comprehensive high-quality program.
   (d) Nothing in this section shall be construed to impose a new
mandated benefit on health care service plans and health insurers.
  SEC. 3.  Section 125001 of the Health and Safety Code is amended to
read:
   125001.  (a) The Legislature finds and declares all of the
following:
   (1) California requires testing at birth for certain genetic
diseases or conditions.
   (2) Technology called tandem mass spectography is now available
that would permit testing for many more genetic diseases or
conditions.
   (3) Many of the additional tests can be made from the same blood
sample at costs of between eighteen dollars ($18) and twenty dollars
($20).
   (4) It is the intent of the Legislature that a program for testing
services and training be initiated as expeditiously as possible
utilizing laboratory services experienced in tandem mass
spectography.
   (b) The department shall establish a program for the development
and evaluation of genetic disease testing, and may provide laboratory
testing facilities or make grants to, contract with, or make
payments to, any laboratory that it deems qualified to conduct tandem
mass spectrometry testing or with any metabolic specialty clinic to
provide necessary treatment with qualified specialists.  The program
shall provide genetic screening and followup services for persons who
elect to have the additional screening.
   (c) The one-time sum of three million nine hundred thousand
dollars ($3,900,000) is appropriated to the department from the
Genetic Disease Testing Fund in order to support the cost of the
trial of the program and a followup report.  It is the intent of the
Legislature that no additional fees be charged to patients for
additional genetic screening provided through tandem mass
spectrometry in the trial of the program.
   (d) The department shall report to the Legislature regarding the
progress of the program on or before January 1, 2002.  The report
shall include the costs for screening, followup, and treatment as
compared to costs and morbidity averted for each condition tested for
in the program.
  SEC. 4.  Section 125005 of the Health and Safety Code is repealed.

  SEC. 5.  Sections 1 and 4 of this act shall only become operative
if Senate Bill 1364 is not enacted during the 2000 portion of the
1999-2000 Regular Session, or, if enacted, Senate Bill 1364 does not
amend Section 125005 of the Health and Safety Code.
